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BEGLEY v. CITY OF NEW YORK

2010-06370, Index No. 101681/05.

111 A.D.3d 5 (2013)

972 N.Y.S.2d 48

2013 NY Slip Op 5867

KAREN BEGLEY et al., Individually and as Administrators of the Estate of JONATHAN BEGLEY, Deceased, Respondents-Appellants, v. CITY OF NEW YORK, Defendant, NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent, and THE FORUM SCHOOL et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 18, 2013.

Attorney(s) appearing for the Case

Callan, Koster, Brady & Brennan, LLP, New York City ( Michael P. Kandler of counsel), for appellant The Forum School.

Catalano Gallardo & Petropoulos, LLP, Jericho ( James P. Connors and William Schleifer of counsel), for appellant Michelle Timothy.

Guercio & Guercio, LLP, Farmingdale ( Gregory J. Guercio of counsel), for respondents-appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Leonard Koerner and Ronald E. Sternberg of counsel), for respondent.

BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

OPINION OF THE COURT

ENG, P.J.

Jonathan Begley, a nine-year-old autistic boy who suffered from asthma as well as allergies to a wide range of foods and substances, was enrolled in the summer of 2004 as a student in The Forum School located in Waldwick, New Jersey. His placement in this private educational facility for special needs children came as the result of an Individualized Education Program prepared by his local Staten Island school district, which...

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